Ohio’s abortion battle: An uphill struggle in November.
November to Remember: Ohio’s Battle for Reproductive Rights
The 2023 elections may not have the fireworks of 2024, but there is still plenty up for grabs. In this “off-year,” most of which takes place on Nov. 7, Virginia will be keenly watched, particularly by followers of Gov. Glenn Youngkin and whether he can springboard Republican success into national aspirations. Meanwhile, the governor’s mansion is up for grabs in Kentucky and Mississippi. New Jersey’s Republicans believe they have a real shot at turning the state red in legislative elections, while there are also fierce mayoral and district attorney battles throughout the United States. Voters will also decide several fascinating referendums, particularly in Ohio, Maine, and Texas. This Washington Examiner series, November to Remember, will dive into all of these and more over the following two weeks. Part Nine will deal with Ohio’s ballot initiative to enshrine abortion and reproductive rights into the Constitution of the Buckeye state.
Ohio’s Abortion Battle: A Framework for Advocacy
Early voting on Ohio’s abortion and reproductive rights amendment on the ballot this November has already drawn a record voter turnout, prompting anti-abortion advocates to characterize the battle in Ohio as the framework for advocacy for the several abortion amendments being weighed for the 2024 election season.
“What we’ve built here is going to be a model that can be replicated going forward,” Stephen Billy, vice president of state affairs for the anti-abortion group SBA Pro-Life America, told reporters. “We have an uphill fight from here to Election Day, but there’s a lot of reason to believe that things are a lot closer [than they seem].”
The Fight for Ohio’s Reproductive Rights
Ohio Issue 1 would enshrine the right to “make and carry out one’s own reproductive decisions,” including but not limited to contraception, fertility treatments, miscarriage care, and abortions.
The amendment would also prevent the state from acting “directly or indirectly [to] burden penalize or interfere with or discriminate against” a citizen’s reproductive choices, which anti-abortion advocates argue would nullify extant state laws regarding parental consent for abortion performed on minors and eliminate safety standards for abortion facilities.
“They wrote very specifically a broad amendment because they knew that Ohio is truly a battleground state,” said Mehek Cooke, spokeswoman for Protect Women Ohio, the coalition of anti-abortion advocacy groups in the state.
The direct amendment itself will not appear on the ballot. Rather, Ohio law requires a summary of citizen-initiated amendments or statutes to appear on the ballot.
The summary of the amendment, written by Republican Secretary of State Frank LaRose, who is running for Senate in 2024, replaces medical terms “zygote” and “fetus” with ”unborn child” four times, including when describing the conditions in which a physician can allow an abortion past viability.
Ohioans United for Reproductive Rights, a leading pro-abortion rights group in the state, contended in a lawsuit against the summary that the language “unnecessarily introduces an ethical judgment.” The Ohio Supreme Court, however, ruled in September that LaRose’s language does not unduly persuade voters.
The Battle Continues
Anti-abortion advocates endured a steep loss during a special election on Aug. 8 closely related to the abortion debate. During the summer’s special election, Ohioans vetoed an initiative that would have required a 60% vote threshold rather than the simple majority standard to pass state constitutional amendments.
Pro-abortion rights groups, including the American Civil Liberties Union, which drafted the abortion amendment, framed the Aug. 8 measure as the elimination of “one man, one vote.”
Anti-abortion advocates argue that the strong labor union influence, especially in the heavily industrial northeastern Ohio, in part made the vote more difficult in August. Populist-leaning Republicans, who proved to be the decisive vote against tightening rules to amend the Constitution, will most likely again be the deciding factor in November regarding the vote solely on abortion.
“There were a lot of different ways to think about it in August, and it was never about abortion,” Amy Natoce of PWO told the Washington Examiner. “This November is very different. It says very clearly it is about extreme abortion, women’s health, and protecting the unborn. …. People know what is at stake.”
Billy previously criticized the Republican Party of Ohio for not clearly communicating with voters regarding the consequences of the August election. Anti-abortion advocates have said, however, that the condemnation of the abortion amendment from well-known party leaders in the state, including Gov. Mike DeWine (R-OH) and Sen. J.D. Vance (R-OH), has been invaluable.
“Our biggest strength in the pro-life movement, without question, is the organic strength of the numbers that we have among real people who reject extreme abortion absolutism,” SBA President Marjorie Dannenfelser told reporters. “They have to hear the information somehow about what’s at stake.”
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Abortion rights advocates in several states, including Florida, South Dakota, Oklahoma, and Nebraska, are working on achieving the necessary thresholds for abortion rights amendments in 2024.
Ohioans United for Reproductive Rights did not respond to the Washington Examiner’s request for comment.
What are the concerns raised by opponents of the amendment regarding existing state laws and safety standards for abortion facilities
Merican Civil Liberties Union (ACLU) and Planned Parenthood, celebrated the victory as a significant setback for anti-abortion efforts. However, they acknowledge that the battle is far from over.
The November ballot initiative in Ohio has brought the abortion debate to the forefront once again. Advocates on both sides are pouring resources into the state, recognizing the significance of the outcome and its potential impact on future abortion legislation.
Proponents of Ohio Issue 1 argue that it is crucial to protect reproductive rights and ensure that individuals can make decisions about their own bodies. They believe that this amendment will safeguard access to contraception, fertility treatments, miscarriage care, and abortions. They also argue that it will prevent the state from interfering with or discriminating against a person’s reproductive choices.
However, opponents of the amendment, particularly anti-abortion groups, argue that it goes too far and would undermine existing state laws. They claim that it would nullify laws requiring parental consent for minors seeking abortions and eliminate safety standards for abortion facilities.
The battle over the ballot initiative has been heated, with both sides mobilizing their supporters and engaging in a vigorous campaign to sway voters. Anti-abortion groups are hopeful that a victory in Ohio would serve as a model for future anti-abortion efforts across the country.
While the direct amendment itself does not appear on the ballot, the summary written by Republican Secretary of State Frank LaRose has faced controversy. Pro-abortion rights groups argue that the language used in the summary introduces an ethical judgment and may unduly persuade voters. The Ohio Supreme Court, however, ruled in September that the language does not cross the line.
This fight over reproductive rights is emblematic of the ongoing battle in the United States. Abortion continues to be a divisive issue, and Ohio’s ballot initiative represents a crucial moment for advocates on both sides. The outcome of this November’s vote will undoubtedly have implications for the future of reproductive rights in Ohio and potentially beyond.
As November approaches, the focus on Ohio’s battle for reproductive rights intensifies. Eyes from across the nation are watching as the state’s voters determine the fate of Ohio Issue 1. The result of this historic election will shape the landscape of reproductive rights in Ohio and could serve as a springboard for future nationwide campaigns.
Regardless of the outcome, this November will undoubtedly be a month to remember in Ohio’s fight for reproductive rights. Advocates on both sides will continue to push forward, knowing that the battle is far from over. This election serves as a reminder of the importance of civic engagement and the impact that individual votes can have on major societal issues. November to Remember indeed.
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